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<br />BEFORE THE MINED LAND RECLAIvIATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT. CONCLUSIONS OF LAW. AND ORDER <br />IN THE MATTER OF HARDROCK PAVING & REDI MIX, [NC., THE MAIN PIT SITE, FILE <br />NO. M-77-197, CONSIDERATION OF A REQUEST TO EXTEND COMPLIANCE DATES OF <br />NOTICE OF VIOLATION NO. MV-99-007 <br />THIS MATTER having come before the Mined Land Reclamation Board ("the Board") on July 23. <br />1999, for a hearing, the Board makes the following Findings of Fact and Conclusions of Law, and <br />enters the following Order: <br />FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />1. Hardrock Paving & Redi Mix, Inc., ("Hardrock") is permitted to conduct, pursuant to <br />Permit No. M-77-197, a sand and gravel mining operation in Chaffee County, Colorado, Sec. 7, <br />T49N, R9E, N.M.P.M. <br />2. On March 3l, 1999, the Board issued Notice of Violation No. MV-99-007 ("NOV") <br />to Hardrock for conducting mining operations without a permit. The NOV is incorporated by <br />reference herein. <br />3. The NOV ordered Hardrock to convert its 110 permit to a regular 112 permit and to <br />secure such 112 permit by August 26, 1999. In addition, the NOV ordered Hardrock to cease and <br />desist from mining related activities other than reclamation outside the approved L l0 permit <br />boundaries after August 26, 1999, unless it had secured the 112 permit conversion by that date. <br />Finally, the NOV ordered Hardrock to pay the unsuspended $15,303.44 portion of a $64,303.44 civil <br />penalty by August 26, 1999. <br />4. At the July 28, 1999 Board hearings, Hardrock petitioned the Board for an extension <br />of the August 26, 1999 compliance dates noted in paragraph 3 above. As grounds for the request, <br />Hardrock stated that it had been unable to complete Exhibit S of the application file in a timely <br />manner due to delayed responses from the Public Service Company of Colorado ("PSCo") and the <br />U.S. Bureau of Land Management ("BLM") regarding access issues. <br />5. The Division reeorrtmended to the Board that in order to help Hardrock comply with <br />the NOV in the face of the delays imposed by PSCo and the BLM, the August 26 compliance dates <br />could be changed to October 25, 1999. <br />6. The Board finds that Hardrock was unable to comply with the original August 26, <br />1999 compliance dates contained in the NOV due [o circumstances beyond its control, and therefore <br />that a compliance date extension is warranted in order for Hardrock to comply with the NOV. <br />